Board of Commissioners

TOWN OF CAROLINA SHORES Planning Board Meeting Minutes October 15, 2025 10:30 a.m. At 10:30 a.m., Chairperson Ron Johnson called the October 15, 2025, Planning Board Meeting to order. The Pledge of Allegiance was recited and there was a moment of silence. The following members attended: Ruth Ann Campbell, David Steele, Ashley McEntee, and Alternate George Grant. Also present: Alternate ETJ Member Normand Neligon; Commissioner Debbie Watts, Board Liaison; Chad Hicks, Town Administrator; Nicole Hewett, Assistant Town Administrator/Town Clerk and James Eldridge, Town Attorney. Absent: Member Diane Baker Approval of Minutes: MEMBER CAMPBELL MADE A MOTION TO APPROVE THE MINUTES OF THE SEPTEMBER 17, 2025, PLANNING BOARD MEETING. ALTERNATE MEMBER GRANT SECONDED THE MOTION. CHAIRPERSON JOHNSON CALLED FOR A VOTE AND MOTION CARRIED BY UNANIMOUS VOTE. Administrative Reports: Mr. Hicks said in the interest of time today, he has nothing to report. Public Comment: Members of the public spoke in their allotted time to present the following below: (A complete copy with Appendix is on file with Town Clerk) Sue Nelson, 7 Niblick Court Nancy Leab, 14 Carolina Shores Parkway David Berger, 4 Egret Court John Williams, 33 Gate 6 Tim Blatch, 44 Calabash Drive Julie Turner, 4 Egret Court Nancy Larkin, 39 Gate 6 Rich Gagliano, 52 Calabash Drive Today we want to show why rezoning to PRD is inappropriate for the community of Carolina Shores  Preserving the Character of the Carolina Shores Community My name is Julie MacDowall and I live at 9 Niblick Ct. Carolina Shores. I am a member of the National Association of Realtors. The Carolina Shores Unified Development Ordinance requires that the planning board find that any zoning map amendments are consistent with the CAMA Comprehensive Plan. The Future Land use map shows that the golf course is to remain "Recreation/Open Space." Therefore, rezoning would be inconsistent with this plan. The golf course isn't just a piece of land; it's the centerpiece of the Carolina Shores community. Rezoning could result in another cookie-cutter development, loss of green space and the trees that define our town and who we are. INext Page I  Preserving the Character of the Carolina Shores Community Carolina Shores is one of 3600 designated Tree Cities in the U.S. Maintaining our status as a Tree City shows our community's dedication to the environment Trees protect us from weather. A single mature tree absorbs up to 1,000 gallons of rainfall annually; slowing flooding, preventing soil erosion and stormwater runoff1 In the past 20 years there has been a net loss of about 6,500 acres of forest or 25% of the local Cawcaw Swamp watershed2 North Carolina is losing urban tree canopy at a rate of 4,500 acres per year to development2 Carolina Shores carries the distinction of being one of only 3600 other Tree Cities throughout the United States. This honor, bestowed upon us by the National Arbor Day Foundation, shows the dedication of our township leaders to maintaining the character of our beloved community. We are home to birds that depend on our canopy cover for breeding and migration. Birds such as the Great Horned Owl, Brown-headed Nuthatch, and Black capped Chickadee, some of whom are considered priority birds by the Audubon Society of NC. With increased zoning flexibility comes the risk of overdevelopment and disruption to the ecosystem that supports the wildlife that live here. Our watershed has lost 6,500 acres of forest in the last 20 years and has zero acres of protected land. Rezoning will cause additional loss of habitat, change in migration patterns and environmental degradation. INext Page I  Prevent Rezoning of the Carolina Shores Golf Course for Residential Development { ,/< j 11 )'. V This petition has over 2000 signatures from citizens who feel as strongly opposed to rezoning as we do. I offer this to you as an exhibit of the strength and resolve of their voices. INext Page I NC Protected Species: https://www.ncwildlife.gov/protected-wildlife-species-north-carolina/open https:// chng.it/vmnbm4fW6x 5  Audubon Society - North Carolina We ask that you stand with us to ensure that our neighborhood remains special and unique. Does the proposed rezoning align with public considerations and established criteria? Is it in the best interest of the citizens who call Carolina Shores home? Environmental impact assessments are crucial for identifying potential impacts on wildlife before development begins and to develop strategies to mitigate such impacts. However, if the maintenance record by both owner Bureau and developer Matheny are any indication of what we can expect, then it is doubtful they would seriously manage or consider any impacts to the citizens or environment. This type of irresponsibility our community can not afford. INext Page I 6  Preserving the Character of the Carolina Shores Community Doing the Right Thing STAY THE.. COURSE . NO to rezoning Carolina Shores for residential development We ask that you do the right thing and Vote NO to rezoning. The CAMA Land Use Plan was correct in requiring development on 1 acre lots. Saying no to rezoning does not limit the owner's ability to either develop or sell his property. It just provides protection to those of us in the community who already call this home and who depend on you to ensure our way of life. Let's protect the integrity and beauty of Carolina Shores for current and future generations. I thank you for you for your time. SA'( WARNING NO 7 8  Examples of PRD Zoning PRD zoning is most appropriate when developing a new community on a large tract of land (i.e., a blank slate for planning and design). The Carolina Shores Golf Course runs through the subdivision of Carolina Shores, like fingers. The combined tracts of land are narrow and tree-lined. This established community is primarily zoned R15, and is NOT an optimal setting for PRD (a Planned Residential District). PRD zoning permits dense housing, such as townhouses, duplexes, condos and rental units. Forcing mixed density housing into Carolina Shores would ruin the quiet, serene, and charming character of the community INext Page I 9  Visualizing PRD in an R15 Community PRD zoning also opens the flood gates for commercial construction. Non-residential components such as convenience stores, restaurants, offices, etc., all invite the outside public into our community. And with that, the possibility of loitering and crime. PRD communities are self-contained and mostly walkable. However, since there are no sidewalks in Carolina Shores, the increase in traffic would create safety hazards for pedestrians, cyclists, and others using the road. Existing homes, which border the Golf Course, would also bear a disproportionate burden of these negative impacts INext Page I 10  Introducing a PRD into an Established Residential Community The Proposed Plan by the owner/developer is for 120 new homes and Open Space. However, residents have no assurance of this. If the owner/developer is granted rezoning to PRD, they could sell the land to another developer, who can build-out PRD to its fullest extent - completely ruining the community of Carolina Shores In reality, PRD forced into an established community could look like this example (above) - a complete clash of building styles, devaluing existing homes and destroying the charm and serenity of the entire community When it's time for the BoC to vote on the rezoning of the golf course, please take into consideration all residents within Carolina Shores. Their health and safety should be the primary concern. Additionally, their investments in this community deserve to be protected. _ I Next Page I 11 Proposed Rezoning of Carolina Shores Golf Course: Traffic Safety 12  David Berger, 4 Egret Court Consolidated Traffic Data: Intersection at Country Club Dr - Carolina Shores Pkwy- Carolina Shores Dr A. Number of cars per household in CS is 2 (U.S. Census and Data USA). With 120 Lots, total number of new cars on the road is 240 = 480 trips. We have over 5,000 residents in CS. Existing Conditions: 1. No lanes for Ingress & Egress for CS Pkwy - or CS Dr - or Country Club Dr 2. No Traffic Signal 3. Road is narrow and a two-way road. CS Pkwy & CS Dr both have median strips with landscaping 4. NCDOT Traffic Impact Analysis (TIA) shows 4,400 to 4,700 trips per day on Country Club Dr. (a TIA study requires 3,000 trips per day and as few as 100 trips per day). The Develop er has not provided a traffic study with the Proposal to change zoning to PRD. Map2 B. Proposed Road 1: 7 driveways (possibly 9) on CS Pkwy and CS Dr- all present U-Turn problems C. • Even with Pull-off Lanes or Exit Lanes for Ingress and Egress - and a Traffic Signal at the intersection, there will still be a U-Turn problem with NO Solution. This is an extremely Dangerous Traffic Pattern, which would be intensified by PRD zoning. • We have presented factual data on the intersection at Country Club Dr., Carolina Shores Dr., and Carolina Shores Pkwy. Since Country Club Dr. is a secondary state road, a traffic study must be completed and submitted by the developer. A Traffic study on Carolina Shores Dr. and Carolina Shores Pkwy should also be completed and submitted by the developer. • This intersection presents Clear and Present Danger to all vehicles and those using the roads. There is also a proposal to add a Bicycle & Pedestrian lane, near the entrance and exit of this intersection - such a proposal is a potential Accident Waiting to happen. • These studies must be conducted for the Safety of all residents of Carolina Shores as well as vehicles passing or turning at this intersection. If those responsible choose to ignore these essential studies and an incident occurs; then, Willful Neglect or Willful and Wanton* Negligence can be cited. Please read and understand all data presented to you in the brief attached to this presentation. *https://www.ncleg.gov/enactedIegislation/ statutes/htmI/bychapter/chapter_1d.htmI#:~:text=(7)%20%22WiIlfu1%2Oor%20 wanton,l.) 13  , Reference: Map 2 J; o�� -- �-- -- Town of Carolina Shores 2025 Land Use Plan ..., Legend � Corporate Limits �ETJ c:J Stateline Annual Average Daily Traffic � <2,500 � 2,501 - 6,300 � 6,301- 11,000 �11,001+ V\ 0 <;c. � r, ◄ o Q_ :,· 0 0.25 0.5 1 MIies ,;, /1"' v.r ;;J tlf� ¾���t!J'i''"'i'S( � J�"JJ11,.•I .. 1-14 15  Proposed Rezoning of Carolina Shores Golf Course - At BoC Meeting 9/8/2025, both Fire Chief Keith McGee and Commissioner Randy Thompson expressed concerns about the level of growth in Carolina Shores; citing too much is irresponsible The large number of retention ponds required in Proposed Plan are a significant drowning risk for children and pets Retention ponds are a breeding ground for mosquitos and mosquito-born disease Retention ponds also attract dangerous wildlife like water moccasins and alligators Rezoning the Carolina Shores Golf Course to PRD would have negative impacts on the entire community. These are impacts on Public Safety: • Overburdened public safety resources: emergency services (e.g., response time and quality of service) • At BoC Meeting 9/8/2025, both Fire Chief Keith McGee and Commissioner Randy Thompson expressed concerns about the level of growth in Carolina Shores; citing too much is irresponsible • Impacts on hurricane emergency evacuations (increased traffic safety hazards) • The large number of retention ponds required in Proposed Plan are a significant drowning risk for children and pets • Retention ponds are a breeding ground for mosquitos and mosquito-born disease • Retention ponds also attract dangerous wildlife like water moccasins and alligators INext Page I 16  OPERATION & MAINTENANCE OF STORMW.4 TER MANAGEMENT SYSTEM 1. C .Q PERMANENT STORMWATER MANAGEMENT STRUCTURE SCHEDULE OF MAINTENANCE MAINTENANCE ITEM INTERVAL GRASS TO BE MOWED Bl-MONTHLY � � TREES TO BE REMOVED FROM WITHIN THE POND ANO ON THE EMBANKMENT QUARTERLY z TRASH AND SEDIMENT TO BE REMOVED FROM INSIDE OF ANO AROUND THE QUARTERLY N PONO OUTLET STRUCTURE " C) ORIFICES TO BE CLEANED AND UNCLOGGED MONTHLY OUTLET PIPE TO BE CLEANED INSPECTED. ANO REPAIRED BI-ANNUALLY SEDIMENT ACCUMULATION TO BE REMOVED FROM THE POND EVERY 5 YEARS PONO BOTTOM TO BE REGRADED TO PROVIDE PROPER DRAINAGE TOWARDS EVERY 5 YEARS THE OUTLET DISCHARGE POINT ENERGY DISS/PA TOR TO BE CLEANED AND REPAIRED BI-ANNUALLY EMERGENCY SPILLWAY. IF APPLICABLE TO BE INSPECTED AND REPAIRED Bl-MONTHLY EROSION ON SIDE SLOPES. IF PRESENT. TO BE ADDRESSED BI-ANNUALLY Operation & Maintenance of Stormwater Management System - Page 2 of Proposal (above): • Maintaining numerous retention ponds on one property is extremely difficult. This task is complex and requires specialized knowledge, significant resources and a proactive management strategy. The challenges create a logistical and financial burden (likely reflected in increased HOA fees). • Each retention pond must be inspected frequently, especially after significant rainfall. These inspections look for issues like clogged outlets, bank erosion. excessive vegetation growth, and trash accumulation. A small crew would struggle to keep up with this workload. • No two ponds are exactly alike. They will have different characteristics based on location on the property surrounding vegetation, and runoff. Some may have algae blooms, while others may collect sediment. This means that a one-size-fits-all maintenance plan won't work. • Property owners are legally required to maintain their stormwater systems to meet local, state, and federal regulations. With numerous retention ponds, the amount of required documentation for inspections, repairs, and sediment removal is extensive. Failing to comply can result in significant fines and legal penalties. • With the owner/developer's poor track record maintaining the golf course, what makes anyone think these retention ponds will be maintained properly? • Without a guarantee of retention pond maintenance (e.g., legal contract), the BoC should Deny Rezoning - Retention Ponds are a maior threat to Public Health and Safety *Stormwater Operation & Maintenance schedule: Page 2 Notes of 8/29/2025 Site Development Plan INext Page I 17  Proposed Rezoning of Carolina Shores Golf Course Community Impact: Environment and Infrastructure • Negative impacts on natural resources: green space, water quality (e.g. standing water) Open Space is completely unusable by the Blue-Green Algae toxins in standing water community, due to numerous retention ponds can kill* pets within 15-20 minutes of contact • Ownership of Open Spaces is hypothetical (i.e., cited by owner/developer as the Town or State or Conservation groups or new HOA, which does Not Exist) • Strained infrastructure: current utilities, water, sewer, and stormwater management systems are not adequate • Stormwater runoff is cited (by G3) to empty into the Persimmon Swamp, which is already a flood-prone** area • htlo� /'MW. cnn com:2019/08 111us 'lhret:-dogs-d1ea-a - •C .. htt s· .carolinashoresnc.com ertica s�es/%7BF 6AF-44BE-8374-25 loads Carolina Shores Ado ted om Plan 7 2 201 di . 42 • Open Space is completely unusable by the community, due to numerous retention ponds • Blue-Green Algae toxins in standing water can kill* pets within 15-20 minutes of contact - it's also toxic to humans • Ownership of Open Spaces is hypothetical (i.e., cited by owner/developer as the Town or State or Conservation groups or new HOA, which does Not Exist)- legal contract needed • Strained infrastructure: current utilities, water, sewer, and stormwater management systems are not adequate • Stormwater runoff is cited (by G3) to empty into the Persimmon Swamp, which is already a flood-prone** area • With the multitude of Health and Safety issues the Proposed Plan creates, the BoC should Deny Rezoning INext Page I * https://www.cnn.com/2019/08/11/us/three-dogs-died-algae-trnd **https://www.carolinashoresnc.com/vertical/sites/%7BFOCC8623-36AF-44BE-8374- 2599BE01ADE2%7D/uploads/Carolina_Shores_Adopted_Comp_Plan_7 _12_2018.pdf (Map 9, pg. 42) 18 19  Current CAMA Land Use Plan - Map 7 Hydric Soils • Hydric Soils is defined as soil which remains saturated, flooded or ponded long enough for it to develop an anaerobic (oxygen-deficient) conditions in its upper layers • This is important for land use planning and regulatory purposes, particularly under environmental laws like Section 404 of the Clean Water Act • Map 7 shows clearly that the designated areas for new development (per Overall Master Plan) are located on very poorly drained hydric soil • These areas are the worst choice for new development throughout the entire Carolina Shores community. This is why CAMA 2018 developed the following stringent requirements for additional studies to be undertaken prior to any consideration of new development (ref. Appendix C- Section BC3) • Where are the results of these mandatory studies required by their Hazard Mitigation Plan? https://www.carolinashoresnc.comlverticallsrtes/%7BF0CC8623-36AF-44BE-8374-2599BE01ADE2%7D/uploads/Carolina_Shores_Adopted_Comp_Plan_7_12_2018.pdf 20 Legend Q .,.... Carolina Shores Corporate Limits {;_,., Carolina Shores ETJ Hydric Soil Category 91& Not Rated 91& Excessively drained M Moderately well drained 91& Poorly drained Somewhat poorly drained 9' Very poorly drained M Well drained Current CAMA Land Use Plan - Appendix C Table 6-2. Brunswick County Mitigation Strategies Goal Hazard Addressed Addressed Applicable Jurisdictions Number Strategy (see page 6-3) (see page 3-1) Priority Responsible Par1 When possible, ensure that no public and/or Brunswick County, Bald Brunswick Co Administ BO critical facilities are proposed for flood hazard 1, 3, 5 1, 2, 4, 8, 10, 11, 12 Head Island, Belville, � Municipal Administrati, areas. Additionally, when siting new Boiling Spring Lakes, public/critical facilities, the information and Bolivia, Calabash, Carolina data outlined in this plan will be factored into Shores, Caswell Beach, the decision-making process. (CRS 510,610) Holden Beach, Leland, Navassa, Northwest, Oak Island, Ocean Isle Beach, Sandy Creek, Shallotte, Southport, St. James, Sunset Beach, Varnamtown https://www.carolinashoresnc.com/verticaVs�es/%7BF0CC8623-36AF-44BE-8374-2599BE01ADE2%7D/uploads/Carolina_Shores_Adopted_Comp_Plan_7_12_201B.pdf Table 6-2. Brunswick County Mitigation Strategies Goal Hazard Addressed Addressed Applicable Jurisdictions Number Strategy (see page 6-3) (see page 3-1) Priority Responsible Pan BCl Continue to maintain a library of materials 2, 4 1, 2, 3, 4, 5, 6, 7, Brunswick County, Bald High Brunswick Co Planning focused on educating citizens, builders, realtors 8, 9, 10, 11,12 Head Island, Belville, Brunswick Co Emergen and developers about the dangers associated Boiling Spring Lakes, Municipal Administrati, with floodplain development. This information Bolivia, Calabash, Carolina will also outline sound techniques for Shores, Caswell Beach, floodplain development and floodproofing of Holden Beach, Leland, existing structures. The County will also Navassa, Northwest, Oak maintain staff educated on these issues to work Island, Ocean Isle Beach, with prospective builders. (CRS 350) Sandy Creek, Shallotte, Southport, St. James, Sunset Beach, Varnamtown INext Page I 21 Local Flooding Runoff from the Carolina Shores Golf Course • Photo of area intended for new homes (facing south from the back of 44 Calabash Drive) • Quote from Lune De La Maison, LLC owner/developer during public meeting August 5th, 2025 (SW Brunswick Library): "We have no obligation to study runoff or drainage on the surrounding area not directly associated with our developmental property" • Quote from Carolina Shores Town Commissioner after inspection of adjacent low-lying area at 42 Calabash Drive: "We cannot take any action concerning drainage or flood mitigation on private property" • Which department or architect will carry out these mandatory studies for flood mitigation described in Appendix C - Section BC3 of GAMA 2018? https://www.carolinashoresnc.com/vertical/sttes/%7BF0CC8623-36AF-44BE-8374-2599BE01ADE2%7O/uploads/Carolina_Shores_Adopted_Comp_Plan_7_12_2018.pdf INext Page I 22  Proposed Rezoning of Carolina Shores Golf Course Tree removal and increased impervious surfaces will increase flood risks INext Pagel 23 Flooding Concerns Require Accurate Stormwater Studies Two Sinkholes and 60" Ditch Pipe Failure Identified in 2024 • BoC Minutes (April 8, 2024): There is a problem at Golf Crest Court ... 60" underground pipe, which drains water for residents, has failed and there are 2 sinkholes on the Golf Course. Repair costs approximately $120k to $140k • Brunswick Beacon (April 18, 2024): Town's comment referring to repair, "If we don't do it, it'll never get done and it will cause problems when we have hurricanes" (full text below) • BoC Minutes (June 10, 2024): a mention that "sinkhole project at the golf course is currently being engineered" ... then, no follow-up found in BoC Minutes (2024-2025) • When reviewing the current G3 Stormwater Study - there is no mention of Sinkholes or a 60" pipe requiring repair. Why is that? This problem didn't conveniently go away. • How can residents be assured that all outgoing pipes are in good working condition, since one known major issue was omitted from G3s Stormwater Study? Savanna Tenenoff Brunswick Beacon Staff Writer Apr 18, 2024 Updated Apr 18. 2024 "A huge pipe under the fairway that connects our canals must be replaced," Hicks told The Brunswick Beacon. "The pipe has failed,' Hicks told commissioners during the meeting. There have been two six-foot deep sinkholes on the golf course because of the pipe failing and temporary measures were made to fix the sinkholes, he said. "I don't think it's completely caved in yet - but with those sinkholes coming, it shows that it's well on its way," he said. He explained that the drain is not the town's but Carolina Shores residents rely on the pipe to drain their properties. The town is working with the golf course owner and the nearby property owners association to resolve the issue, he said. Town staff can fix the large pipe for an estimated cost of $120,000 to $140,000. Commissioners directed staff to send the project out for bids. "If we don't do it, it'll never get done and it will cause us problems when we have hurricanes," Hicks told commissioners. As of Thursday, April 18, no work had been started to fix the pipe. 24 25  0 "C �� ..... ��-,- ' f-t: -, '.\:z»� - •• .,.a.,...,_.-,r'M'T1''h-.f - >-'\ \ �\ \Y /", v·\i ·::'c;<\;,)7 ���{Y,, / )/ ._,_ ,- -, :1~ ' ' ',----,- -:,-�,�,,''\fr-"-'/---:.::-j,, \-''\ �-, ,/ !, ✓ -"<v c-'- \ >;;;' .. );;,,,,,, / ENGINEERING & SURVEYING OVERALL MASTER PLAN f',) 0)  I J ' NOTES 1 PROJECT TO BE BUILT TO BRUNSWICK COUNTY AND TOWN OF CAROUNA SHORES SPECIF/CA nONs FOR WATER AND SEWER A UTILITY PLAN MUST BE SUBMITTED AND APPROVED BY ENGINEERING AND FIRE MARSHAU. OFFICE 1 , / r¾_,,,. THE REMAINING OPEN SPACE SHAU. BE USED EXCLUSIVELY FOR STORMWA1ER MANAGEMENT AND ACTIVE OPEN SPACES WITH ALt. OTHER 1 USES PROHIBITED I I... i', .. � /ffl Proposed Plan ) 1� Outliers May Be 'II J/ '{ Considered Illegal I I;lffll"" I Spot Zoning / / Outliers are on :<!, 1/;_ 'I;� Separate Parcels, Outlined in Red LEGEND □ r.r OUTLET CONTROL � STRUCTURE WITH DRAINAGE DIRECTION □ PROPOSED LOTS □ OPEN SPACE MAINTAINED BY THE HOA t=:=t ■ OPEN SPACE NOT MAINTAINED BY THE HOA □ EXISTING POND PROPOSED POND lJ1�---� 27 Potential Illegal Spot* Zoning Characteristics • Rezoning a small area (single to a few lots), on a parcel which has / different zoning - PRO rezoning on separate CRD parcels ,k • Considerable benefit to the owner; ! substantial harm to whole community � ,> Non-usable Open Space: numerous retention ponds are drowning risk for 'v children & pets; and breeding grounds for disease-carrying mosquitoes & bacteria Traffic hazards (overcrowded roads) - Strain on emergency services, utilities, recreational resources (pool, tennis, etc.) • Rezoning is incompatible with the current CAMA Land Use Plan, which cites CRD zoning * https://www.sog.unc.edu/resources/legal-summaries/spot-zoning#:-:text=Stricter%20judicia1%20scnutiny%20is%20given,the%20most%20appropriate%20use%20thereof. 28 Potential Illegal Spot Zoning As Cited on Page 87 of the CAMA Land Use Plan o Requests for zoning changes should not be approved if the requested change will result in spot zoning. Spot zoning is a form of discriminatory zoning whose sole purpose is to serve the private interests of one landowner instead of furthering the welfare of the entire community as part of an overall zoning plan. Spot zoning is based on the arbitrary and inappropriate nature of a rezoning change rather than, as is commonly believed, on the size of the area being rezoned. (• Zoning which will result in strip development should be discouraged. Strip development is a mélange of development, usually commercial , extending along both sides of a major street. Strip development is often a mixture of auto-oriented enterprises (e.g., gas stations, motels, and food stands), and a truck-dependent wholesale and light industrial enterprises. Strip development may severely reduce traffic-carrying capacity and disrupt traffic flow of abutting streets by allowing for excessive and conflicting curb cuts. Page6-1 29 Potential Illegal Spot Zoning Considerations --,} t --f l";Y/\ .. I \ //-f..J • If these 9 spots (19 proposed lots) I , ' ! - <''>,\;"e ij·-1 f---+--,_,,�$_ , are potentially illegal spot* zoning; I l) ·' • /-·7-\I(',.< >-/;�,_-,✓,\,, I / /.,, ,,.\ > _ \ Y -<\\ then, wouldn't the entire proposal ,. / \/ y ; ;: - - X; �)::4\ be considered illegal? ✓ ---1 /\. • I ' J, ' \.-LJ,z/ '/�,..·""',_,_,'\ \y:,J,, I>� • If rezoning is denied, there is no \, ..I(.,,> � Y' , harm to the owner :r ..,,,-A/ ��, A., / CRD zoning within the CAMA Land '( I/ /' Use Plan is buildable on 1-acre lots �;,:�� ,, , /•'- / \. ,(7:,v >'� i .\1f-1 \ " ,?))flLl _, * https:ttwww.carolinashoresnc.comiver1icalisites/%7BFOCC8623-36AF-44BE-8374-2599BE01ADE2%7D/uploads/Caro!ina Shores Adooted Como Plan 7 12 2018.pdf (pg. 87) 30 31  Smoke and Mirrors vs. the Truth (Still Photos from Channel 3 WWAY Video source) Today I want to share with the BoC some facts regarding the Proposed Plan for PRO rezoning. Since the release of these plans at the Brunswick Library on August 5th, many residents of the community have questioned the integrity and questionable business practices by both the owner (Lune De La Maison, LLC) and the proposed developer (AAA Truline Construction, LLC). Additionally, some issues have been brought forth on the Plans, themselves. The owner/developer wants residents to believe that they are generously giving the community Open Green Space and stormwater mitigation. However, their actions are not matching their words. They cited, "working with the county" to solve an over SO-year problem; then, submitted a 520-page stormwater 'solution', which is comprised of 19 Retention Ponds that spill into pre-existing flood- prone areas. The result, current flood-prone areas will flood even more. Initially, the Green Space (Open Space) was mentioned to be "donated to two conservation groups" (yet to be named). Then, the most recent Site Plan Legend shows the Open Space will be maintained by a hypothetical HOA, which does not exist. Long story short, the Open Space is completely unusable by the community (due to numerous Retention Ponds), and the residents and Town have no absolute accountability (legal documentation) regarding who maintains this space. INext Page I 32  Status of Lune De La Maison, LLC (Philippe Bureau) LLC Revoked on May 27, 2025 • For income tax purposes, the term "doing business" means the operation of any business enterprise or activity in North Carolina for economic gain* • A business with a revoked or administratively dissolved LLC license cannot legally operate in North Carolina. The North Carolina Secretary of State states that such a status means the entity has lost its authority to transact business • The combination of operating under a revoked status and incurring new debts could lead to invalidation of contracts, and significant financial or legal risks (e.g., fraud) • Please don't let the engineer's boilerplate plans overshadow the facts and the red flags. And these are the facts: LLC's, the legal authorization that enables entities to conduct business, have been revoked. - f\..., Adm1n CodC: 05C 0102 - DOING BUSINESS DEFINFD Stahs Regu:atio .JS. <'IV. 11 I! I ega lnformat1or Institute 33 Ph1hppe Bureau Foreign LLC (reference): Lune De La Maison LLC (1328158) 99 Carohna Shores Dnve Carolina Shares NC 28467-2602 If a Delaware LLC had its license revoked but continued transacting business, it is subject to civil penalties State of North Carolina and other significant consequences Department of the Secretary of State under the North Carolina Limited Liability Company Act (NCGS Chapter 570**). A foreign LLC that "transacts business" in North Carolina must have CERTIFICATE OF AlTHORITY a certificate of authority, or face penalties I EL F \IARSHALL. Seneia� of State. a, mandated bi la\\. do hereb, certtf, that the Ce-rt,fic:ue ofAuthont) of Lune De La \la,son. LLC lO tr.in�ct bu.srnes� m the state C:irol111;1 h� be n re,oked pu uant to the procedures s.:t forth m CG S Sec110n 5-0-- -30{a)(l J for failure to file �n annu:11 report effc"Ctl\ e �s of the date !)et forth hereunder f ore1gn L.1m1ted L1ab1l1t: Compan: re\oke<l under, CC, S Section 5-0- -31 ma� appeal the Secrc,::in of S1att"':, reH>CJtIon of HS cemfic:ne of .-iuthont, under the, same procedurt"i thJ.t a fore1l!n corpoTJt.10n n1a: appeal the re,oc.:mon of its cemfic.ltt" or":1uthonr: pur-uam to '.JC GS Section "v"'- 15-3�.:md Section 55-15-}3 EL.<\l\'E F \1ARSHALL Secretar� or Stale Document Id C�0�51-t--t�31-! htrps sosnc go, **https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter 57d.html O102#:-:text=(1)%20The%20maintenance%20of%20an%20office%20in%20the%20State%3B,up%20shipments%20in%20the%20State 33 https://www.law.cornell.edu/regulations/north-carolina/17-N-C-Admin-Code-05C- O102#:-:text=(1)%20The%20maintenance%20of%20an%20office%20in%20the%20State%3B,up%20shipments%20in%20the%20State 34  Status of AAA Truline Construction, LLC (Mike Matheny) General Contractor License Expired on December 31, 2024 - License Invalid • In North Carolina, a developer without a General Contractor License cannot legally undertake a construction project that exceeds $40k • The North Carolina Licensing Board of General Contractors has the authority to discipline licensees for conduct that violates state laws. They can issue fines and seek a court injunction to halt any unauthorized construction • The facts we have presented are these: we have a property owner with a defunct LLC trying to rezone property to himself under an undiscovered LLC to be developed by a contractor with an invalid license. These are very serious Red Flags! • Since the North Carolina Attorney General's office investigates patterns of questionable or illegal business practices, a complaint has been filed with their office https:/lwww.nclbgc.org/faq-consumers/ :J4 Searches Verify License/Qualifier Search Verify License/Qualifier Search The BoC's decision will Contact have consequences and Name AAA Trulmc Construction LLC Contact ramifications for years to Address 129 Ethans Glen Colirt Cary. NC 27513 Name Address Jcttrcy Lyn Mitchell 235S Durham Street Ext come. Phon� 9194220641 Burlington. NC 272 l 7 Phone 3362279704 The future of this well- ucense Qualifier established community L1c.cm,e # L.81898 Q 11021 hangs in the balance and Account Type License Qualif1e1:: First Issued Date 0S/2 l.'2019 Account Typt. QuJl1tic1 rests in your hands. Exp1rat1on Date 12/31/2024 First ls�ued Date ( Statu� Invalid - License Not Valid Exp1rat1on Date License L1rnitat1on L1m1ted Status Art1vc- That decision will forever change the landscape, Active Classifications Active Classifications literally and figuratively, of Bu ldinq Building this community and town. Qualifiers Qualifier for Name Qualifier 'Ti Status Licensee License tt Status Jpffre:-y Lyn Mitchell Q 11021 Active' Jeffrey Lyn Mitchell L 39496 Act,vc https://landonwhitelaw.com/2024/03/north-carolina-general-contractor-license-violations-and-misconduct/ 35  AAA Trul1nt•Construct1on LLC L 81898 lnvdl1cl https://www.nclbgc.org/faq-consu mers/ https://landonwhitelaw.com/2024/03/north-carolina-general-contractor-license-violations-and-misconduct/ 36 37  Proposed Rezoning of Carolina Shores Golf Course - Proper zoning for the Carolina Shores Golf Course is CRD* (buildable in 1-acre lots only) Points to highlight: • PRD zoning is completely inappropriate to be inserted into a pre-existing community like Carolina Shores • PRD zoning does not comply with the CAMA Land Use Plan INext Page I Note: CS Golf Course was changed to CRD Zoning by the Town of Carolina Shores, during the last GAMA Plan update (2018-1019) * https://www.carolinashoresnc.com/vertical/sites/%7BFOCC8623-36AF-44BE-8374- 2599BE01ADE2%7D/uploads/Caro1ina Shores Adopted Comp Plan 7 12 2018.pdf (pg. 70) 38  At the August 12, 2024 BoC meeting*, rezoning of the Carolina Shores North driving range to PRO was denied - Mayor Pro Tern Greg Davis motioned to deny rezoning due to its inconsistency with the town's land use plan https://www.newsargus.com/brunswick_beaconlnews/carolina-shores--0enies-rezoning-residents-applaudlarticle_4f2a8716-a061-59ab-a13b-2074d5cf86ae.html Points to highlight: • At the August 12, 2024 BoC meeting*, rezoning of the Carolina Shores North driving range to PRD was denied • "I believe in our land use plan, I don't believe we should rezone anything" - Mayor Pro Tem Davis • Wilmington StarNews quotes from CS Town reps: "Carolina Shores is at residential capacity" ... "We are built-out - done with residential" INext Page I Article from The Brunswick Beacon: https://www.newsargus.com/brunswick_beacon/news/carolina-shores-denies- rezoning-residents-applaud/article_ 4f2a87f6-a061-59ab-a13b-2074d5cf86ae.html 39  Deny PRD Rezoning of the Carolina Shores Golf Course Summary • Deny PRD rezoning to Preserve the charming character of the Carolina Shores community • Deny PRD rezoning due to multiple Health and Safety Risks: - Traffic Safety Hazards - Negative Impacts to the Environment (e.g., retention ponds: mosquito-breeders with toxic bacteria) - Increased Drowning Risks for Children & Pets (e.g., retention ponds) - Increased Flooding Risks (with tree loss and increased impervious surfaces) - Strain on Public Services and Infrastructure • Deny PRD rezoning since the proposal has all the characteristics of illegal Spot Zoning • Deny PRD rezoning since the Proposal Plan does not provide residents with absolute accountability and legal documentation for Open Space and Retention Pond maintenance • Deny PRD rezoning, since owner/developer are in violation of NC laws to transact business • Deny PRD rezoning to uphold the CAMA Land Use Plan 3B Points to highlight: • Deny PRD rezoning to Preserve the charming character of the Carolina Shores community • Deny PRD rezoning due to multiple Health and Safety Risks: • Traffic Safety Hazards • Negative Impacts to the Environment (e.g., retention ponds: mosquito-breeders with toxic bacteria) • Increased Drowning Risks for Children & Pets (e.g., retention ponds) • Increased Flooding Risks (with tree loss and increased impervious surfaces) • Strain on Public Services and Infrastructure • Deny PRD rezoning since the proposal has all the characteristics of illegal Spot Zoning • Deny PRD rezoning since the Proposal Plan does not provide residents with absolute accountability and legal documentation for Open Space and Retention Pond maintenance • Deny PRD rezoning, since owner/developer are in violation of NC laws to transact business • Deny PRD rezoning to uphold the CAMA Land Use Plan 40 Points to highlight: • It's deeply concerning to the residents of Carolina Shores that Lune De La Maison, LLC has not made an effort to maintain the golf course property. • Recently, the Town of CS had to step in and use their own resources (under UDO) to mow and trim trees. Although appreciated, there are other maintenance concerns that remain unresolved: e.g., Failed 60" pipe and two sinkholes located near Golf Crest Court • We simply cannot enable these types of business practices. And the Town knows both Lune De La Maison, LLC and AAA Truline Construction, LLC do not have the financial backing to support their Proposed Plan for development. If the BoC grants PRD rezoning, the owner/developer will sell - and Ruin this community to pay the lien back to the Town. • Residents are asking for Fair and Unbiased consideration when the time comes for the BoC to vote on rezoning. • It is the job of the BoC to represent the community of Carolina Shores and safeguard all of its residents • Safeguarding residents should be at the core of the BoC job description • For all of the reasons cited in this entire presentation, we urge the BoC to Deny PRD Rezoning of the Carolina Shores Golf Course 41 Public Comment Cont’d: Lon Forehand, 19 Brassie Drive – Mr. Forehand said the decision before you today this morning will shape Carolina Shores for generations to come. Mr. Forehand said the community has spoken loudly and clearly. At a recent meeting, 190 residents signed a petition opposing this rezoning. Mr. Forehand said in a resident survey, 94% of 390 town residents support a 2-year moratorium on new development. Mr. Forehand said in two months of conversation, he has not met a single resident that is for this rezoning, not one. Mr. Forehand said your own data confirms what residents feel. Mr. Forehand said this year’s CAMA survey reveals that 71% of residents are concerned about development density. Mr. Forehand said 81% want to minimize housing development. Mr. Forehand said 60% want recreation on remaining undeveloped private land and 62% want protection on those natural areas. Mr. Forehand said there are good reasons that the town commissioners rezoned this to CRD. Mr. Forehand said greenspace, recreation, and stormwater control. Mr. Forehand said rezoning it to PRD destroys their vision with impervious surfaces and clear-cutting that will likely lead to flooding in adjacent areas. Mr. Forehand said as the town continues complete build-out, this 150-acre tract represents one of our last chances to preserve open space for conservation and recreation. Mr. Forehand said he walks the bird island preserve regularly and thanks people like yourselves who saved it from development. Mr. Forehand said 7 years ago when he moved here, deer, foxes, and racoons occasionally would visit his backyard. Mr. Forehand said because of relentless development, they are almost all gone. Mr. Forehand said you have the power today to protect what little undeveloped land remains in the town. Mr. Forehand said this isn’t just about a golf course, it is about preserving the character of our town and respecting the overwhelming will of the residents and leaving a legacy that we can be proud of . Mr. Forehand said the town commissioners appointed you, but today you speak for us, the residents that live here, who have raised their voices and are asking you to protect this Conservation Recreation District. Mr. Forehand said he urges you to stand with your neighbors and reject this rezoning. Mr. Forehand said thank you. Dennis Breen, 13 Gate 12 – Mr. Breen said most of you all know me. Mr. Breen said he is an attorney that has been retained by a number of residents to sue in the event of a development. Mr. Breen said now he realizes a lawsuit against Phil and the developers is a longshot because he is a private property owner, however, there are certain theories that we can possibly get by to stop the development and it is his intention because the clients may want him to continue to do this, to file that lawsuit. Mr. Breen said he hasn’t done anything and when this first started, he wrote to the town and Phil to tell them that we were going to proceed with a lawsuit. Mr. Breen said our properties would be losing approximately $115 million dollars in combined value as a result of this not becoming a golf course community. Mr. Breen said golf course communities have a 10-20% rise in value. Mr. Breen said you take that away and it lowers the value. Mr. Breen said he advised Mr. Barber and the first potential developer that we would seek money for damages for the loss of the value of our homes. Mr. Breen said as Attorney Eldridge knows, and he knows these are fights but that is what he specializes in. Mr. Breen said what he wants the developer to know is that we will proceed, his clients will insist they proceed on this route to fight this legally as well as vocally here. Mr. Breen said he wants to let the town and all them know that is what we intend to do. Mr. Breen said thank you for your time. New Business: Consideration of Carolina Shores Golf Course Proposed Rezoning from CRD (Conservation Recreation District) to PRD (Planned Residential District): Mr. Hicks said this is the developer and his team of engineers, environmental scientists, attorney, and 42 they are here to present the plan to the Planning Board. The team presented the overall plan and layout of the proposed PRD. The team answered questions that were proposed by the Planning Board. Member Campbell said we are here today to vote on a recommendation to the Board of Commissioners to either approve or disapprove. Town Attorney Eldridge said the Planning Board will also have to consider the CAMA Land Use Plan and issue a statement regarding whether it is consistent or not with the CAMA Land Use Plan. Mr. Hicks explained the complete proposed rezoning process to the public. ALTERNATE MEMBER GRANT MADE A MOTION TO NOT RECOMMEND PROPOSED REZONING TO THE BOARD OF COMMISSIONERS. MEMBER STEELE SECONDED THE MOTION. CHAIRPERSON JOHNSON CALLED FOR A VOTE AND MOTION CARRIED WITH A 3-2 VOTE. MEMBERS GRANT, CAMPBELL AND STEELE AS YES AND MEMBERS MCENTEE AND JOHNSON AS NO. There was discussion on the Consistency Statement. MEMBER CAMPBELL MADE A MOTION TO TAKE A 5 MINUTE RECESS AND THEN REPORT BACK INTO THE CHAMBERS OF TOWN HALL LOCATED AT 200 PERSIMMON ROAD, CAROLINA SHORES, NC 28467 AT 12:05PM. MEMBER GRANT SECONDED THE MOTION. CHAIRPERSON JOHNSON CALLED FOR A VOTE AND MOTION CARRIED BY UNANIMOUS VOTE. MEMBER CAMPBELL MADE A MOTION TO COME BACK FROM THE 5 MINUTE RECESS AND GO BACK INTO REGULAR SESSION. ALTERNATE MEMBER GRANT SECONDED THE MOTION. CHAIRPERSON JOHNSON CALLED FOR A VOTE AND MOTION CARRIED BY UNANIMOUS VOTE. Town Attorney Eldridge read the following management goal from the town’s current CAMA Land Use Plan. Attorney Eldridge said, “Ensure that development and use of resources or preservation of land balance protection of natural resources and fragile areas with economic development, avoid risks to public health, safety and welfare, and are consistent with the capability of the land”. There was discussion from the Planning Board on this. MEMBER STEELE MADE A MOTION THAT THE PROPOSED REZONING IS INCONSISTENT WITH THE MANAGEMENT GOAL ABOVE. MEMBER GRANT SECONDED THE MOTION. THERE WAS DISCUSSION. MEMBER STEELE SAID HIS CONCERN IS THE MAINTENANCE OF THE STORMWATER BASINS AND WE DIDN’T HEAR TOO MUCH DETAIL ON WHAT WILL HAPPEN WITH THE OPEN SPACE. ALTERNATE MEMBER GRANT SAID THAT IS HIS PROBLEM TOO AND THE OVERALL DRAINAGE SYSTEM MAY IMPROVE THE WHOLE DEVELOPMENT BUT IT’S THE MAINTENANCE OF IT THAT HE HAS A HARD TIME WITH. ALTERNATE MEMBER GRANT SAID HE IS INVOLVED WITH THE MAINTENANCE OF THE PONDS AT THE FARM AND IT IS QUITE EXTENSIVE. CHAIRPERSON JOHNSON CALLED FOR A VOTE AND MOTION CARRIED BY A 3-2 VOTE WITH MEMBERS STEELE, CAMPBELL, AND GRANT AS YES AND MEMBERS JOHNSON AND MCENTEE AS NO. 43 Adjourn: ALTERNATE MEMBER GRANT MADE A MOTION TO ADJOURN THE PLANNING BOARD OCTOBER 15, 2025, MEETING AT 12:12PM. MEMBER CAMPBELL SECONDED THE MOTION. CHAIRPERSON JOHNSON CALLED FOR A VOTE AND MOTION CARRIED BY UNANIMOUS VOTE. ________________________________ Chairperson Submitted by: Nicole L. Hewett, Assistant Town Administrator/Town Clerk 44